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Sentences can be enhanced in Texas when the victim of criminal misconduct is 65 years of age or older. This makes sense given that elderly people are often vulnerable to various types of mistreatment, but the emotional nature of these charges can work unfairly against defendants. If you’re accused of elder abuse or neglect, you could lose your reputation and suffer severe punishment. Kevin L. Collins, P.C. in San Antonio provides capable defense representation for accused healthcare workers, caregivers, relatives and others. Kevin L. Collins understands the realities of a situation are rarely as cut and dried as prosecutors present them. He investigates the circumstances of the complaint to uncover facts that can lead to a successful resolution of your case.
Elder abuse cases fall into one or more of these categories:
Accusations of elder abuse and neglect can ruin your reputation and expose you to civil and criminal liability. Hiring an attorney who can handle these complex issues is essential.
The Texas Penal Code provides enhancements for certain crimes when the victim is aged 65 or older. For example, a simple assault is a Class C misdemeanor, punishable by a fine of up to $500. However, when the victim is elderly, the charge is a Class A misdemeanor, punishable by one year in county jail and a fine of up to $4,000.
Sexual assault is normally a second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000. But, committed against an elder, the charge is increased to aggravated sexual assault, a first-degree felony, punishable by five to 99 years in state prison and a fine of up to $10,000.
It is also a crime to fail to report elder abuse. Any person who has cause to believe that an elderly person has been abused, neglected or exploited and knowingly fails to report the incident to the appropriate authorities commits a Class A misdemeanor, punishable by up to one year in county jail and a maximum $4,000 fine.